Empire and Legal Thought: Ideas and Institutions from Antiquity to Modernity

Front Cover
Edward Cavanagh
BRILL, May 25, 2020 - Law - 634 pages
Emphatic of the importance of legal thought to the rise and fall of empires, this book highlights the centrality of empires to the development of legal thought.

Comprehension of the development of legal thought over time is necessary for any historical, philosophical, practical, or theoretical enquiry into the subject today, it is argued here. When seen against the background of broad geopolitical, diplomatic, administrative, intellectual, religious, and commercial changes, law begins to appear very resilient. It withstands the rise and fall of empires. It provides the framework for the establishment of new orders in the place of the old.

Today what analogies, principles, and authorities of law have survived these changes continue to inform much of the international legal tradition.

Contributors are: Clifford Ando, Lia Brazil, Joseph Canning, Edward Cavanagh, Zachary Chitwood, Emanuele Conte, Matthew Crow, Alberto Esu, Tiziana Faitini, Dante Fedele, Naveen Kanalu, Alexandre A. Loktionov, P. G. McHugh, Jordan Rudinsky, Mark Somos, Joshua Smeltzer, Lorenzo Veracini, Halcyon Weber, and Sarah Winter.
 

Contents

An Introduction
1
2 The First Lawyers? Judicial Offices Administration and Legal Pluralism in Ancient Egypt ca 25001800 BCE
36
Judicial Review and Athenian Interstate Relations in the Age of Demosthenes 35422 BCE
69
4 Public Law and Republican Empire in Rome 20027 BCE
105
Imperial Motives behind Justinianic Legislation in SixthCentury Constantinople
125
6 Muslims and NonOrthodox Christians in Byzantine Law until ca 1100
167
Politics Jurisprudence and Reverence for Antiquity
189
The Metamorphoses of a Legal Concept Ancient Rome to Early Modern Europe
213
The GrotiusSelden Dialogue at the Heart of Liberal Imperialism
322
Histories of Oceans Laws and Empires
362
Habeas Corpus Ex parte Somerset 177172 and the Movement toward Collective Representation in Early British Antislavery Cases
388
Feudal Legalism Land Patenting and Sir William Johnson Indian Superintendent 17561774
425
Jurisprudential Philology and the Domain of Instituted Laws during Early British Colonial Rule in India 1770s1820s
462
17 James Bryces Home Rule Constitutionalism and Victorian Historiography
492
British Legal Ideas and Institutions in Matabeleland and Southern Rhodesia 18891919
520
19 British War Office Manuals and International Law 18991907
548

12 Debating Imperial Authority in Late Medieval Legal and Political Thought 12th14th Centuries
252
10 Ideas of Empire in the Thought of the Late Medieval Roman Law Jurists
280
11 Medieval Pisa as a Colonial Laboratory in the Historiographical Imagination of the Early Twentieth Century
300
Carl Schmitt and the Overcoming of the Concept of the State
578
General Index
603
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